The White Label Software License Agreement is essential for businesses operating in Indonesia who wish to either monetize their software by allowing others to rebrand it or expand their product portfolio by licensing pre-existing software solutions. This agreement type is particularly relevant in the growing Indonesian technology sector, where companies seek efficient ways to enter new markets without developing software from scratch. The document must comply with Indonesian legal requirements, including the Copyright Law (UU 28/2014) and Electronic Information and Transactions Law (UU 11/2008), while covering crucial aspects such as licensing scope, white labeling rights, technical specifications, support obligations, and commercial terms. It's commonly used by technology companies, financial institutions, and service providers looking to enhance their digital offerings through white labeled solutions.
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1. Parties: Identification of the software licensor and licensee, including registered addresses and company details
2. Background: Context of the agreement, including brief description of the software and purpose of white labeling
3. Definitions: Detailed definitions of key terms used throughout the agreement, including Software, White Label Rights, Territory, etc.
4. Grant of License: Scope of software license and white labeling rights, including territory, exclusivity terms, and permitted uses
5. White Label Rights and Obligations: Specific rights and restrictions regarding rebranding, modification, and distribution of the software
6. License Fees and Payment Terms: Financial terms including license fees, payment schedule, and any revenue sharing arrangements
7. Intellectual Property Rights: Ownership of IP, protection of trademarks, and handling of modifications and improvements
8. Support and Maintenance: Terms for technical support, updates, and maintenance services
9. Confidentiality: Protection of confidential information and trade secrets
10. Representations and Warranties: Standard warranties regarding software functionality, IP rights, and compliance with laws
11. Limitation of Liability: Limits on parties' liability and exclusions of certain types of damages
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Post-Termination Obligations: Obligations and rights of parties after agreement ends
14. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices
1. End User Terms: Required if licensee will be distributing software to end users, specifying mandatory terms for end user agreements
2. Service Level Agreement: Include when specific performance metrics and service levels are required
3. Data Protection and Privacy: Required if software processes personal data or when compliance with specific privacy regulations is needed
4. Source Code Escrow: Include when source code access might be needed in specific circumstances
5. Professional Services: Include if additional implementation or customization services are part of the arrangement
6. Geographic Restrictions: Required for licenses with specific territorial limitations or requirements
7. Competition Restrictions: Include when there are non-compete or market restriction requirements
8. Insurance Requirements: Include when specific insurance coverage is required from either party
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of all fees, payment terms, and calculation methods
3. Schedule 3 - Support Services: Detailed description of support and maintenance services, including SLAs if applicable
4. Schedule 4 - Approved Branding Guidelines: Guidelines for white labeling and rebranding requirements
5. Schedule 5 - Technical Requirements: Minimum technical specifications and requirements for software operation
6. Appendix A - Authorized Territory: List of territories where license rights may be exercised
7. Appendix B - Approved Sub-licensees: If applicable, list of approved sub-licensees or distribution partners
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
E-commerce
Healthcare Technology
Educational Technology
Business Process Outsourcing
Digital Marketing
Telecommunications
Professional Services
Manufacturing Technology
Retail Technology
Relevant Teams
Legal
Information Technology
Product Development
Business Development
Commercial
Procurement
Compliance
Partner Relations
Intellectual Property
Strategic Planning
Relevant Roles
Chief Technology Officer
Head of Legal
Software Licensing Manager
Business Development Director
Product Manager
Commercial Director
Legal Counsel
IP Rights Manager
Partnership Manager
Chief Executive Officer
Chief Commercial Officer
Technology Procurement Manager
Vendor Management Lead
Strategic Alliance Director
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